Class Action Claims Pacific Maritime Association, Member Cos. Deprive Longshore Workers of Paid Sick Leave

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A proposed class action claims the Pacific Maritime Association (PMA) and at least 20 of its member companies have violated Washington state law by failing to provide paid sick leave to certain longshore workers.

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The 11-page lawsuit was filed by a longshoreman who PMA assigned to work a significant portion of his hours within the past three years at a Seattle jobsite owned by one of its member companies, co-defendant SSA Marine. Despite regularly working full-time for the marine terminal operator, the plaintiff’s pay stubs never showed any balance of accrued sick leave, and the man was never permitted to take advantage of the benefit, the complaint contends.

“As a result, [the plaintiff] either worked sick when he should have had the benefit of staying home, or stayed home and went without pay when he was sick or had a doctor’s appointment,” the case says.

According to the lawsuit, PMA and SSA Marine are required under Washington’s Paid Sick Leave Law to offer compensated time off to the plaintiff and other employees working in certain hourly, non-exempt positions on PMA member jobsites within the state. The filing alleges that the defendants’ “willful” failure to comply with the state sick leave law has deprived these workers of their wages.

What’s more, the suit claims PMA and SSA Marine have failed to provide proposed class members with a notice informing them of their rights when it comes to paid sick leave.

The lawsuit looks to represent anyone who, within the past three years, was employed on PMA member jobsites located in Washington state as an hourly, non-exempt longshore worker, clerk, container freight station longshore worker, clerk utilityman, walking boss/foreman or in other similar positions.

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